Impeachment 101: For Dummies Like You and Me!

Introduction
The Accountability of Public Officers is mandated by Article XI Section 1 of The 1987 Constitution of the Republic of the Philippines. It clearly states that:

Public office is a public trust. Public Officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.
A public office is the right, authority, and responsibility created and considered by law by which, for a given period either fixed by law or continuing at the desire of the appointing authority, an individual is assigned with some portion of the independent functions of the government to be exercised by that person for the benefit of the public. The individual so invested is a public officer. Therefore, the right to hold public office is NOT a natural right. The nature of public office is a public trust, so it is NOT to be understood as a position of honour, reputation and power but of giving service to the public instead. It is NOT a property, which means the holder of the office may NOT claim assigned right in it which may not be disturbed by legislation. It is neither a contract, so NOBODY has a right to bring a claim to the government for the recovery of the damages which they may suffer from their removal from office. Therefore, this led to the appropriation of the framers of the 1987 Constitution the provision of a quasi-judicial and political process called Impeachment.

Impeachment, whats that?

Impeachment is an accountability mechanism that allows for the removal of top officials of government for offenses mentioned in the Constitution. Impeachment of a person in the role of a witness is the act of challenging the conduct, honesty or credibility of the public officials.

What is the purpose of impeachment?

The purpose of impeachment is to protect the people from official misbehaviours or wrongdoings. It is, therefore, primarily intended for the protection of the State, and NOT for the punishment of the offender. The penalties attached to impeachment are merely incidental to the primary intention of protecting the people as a body politic.

Why impeach officials?

The standard required of public servants is a significant provision that was declared by the constitution. Any government office is a trust for it is created with the sole purpose of pursuing the goals for which the government has been instituted, which is for the common good and not for profit, honour or interest of any person, family, or class of people. A public official or employee therefore occupies a very delicate position which exacts from them certain criteria which usually are not demanded or required from normal citizens. Article XI Section 1 speaks of the principle of public accountability. It sets down in clear terms the instruction that all government officials and employees, whether they be the highest in the land or the simplest public servants, shall at all times be responsible for their wrongdoings to the people from whom the government derives it powers.

Who are the officials removable by impeachment?

1. 2. 3. 4. The President The Vice-President The Justices of the Supreme Court The Members of the Constitutional Commissions a. Commission on Elections b. Civil Service Commission c. Commission on Audit 5. The Ombudsman According to Sec. 2, ALL other public officers and employees that are not included in the list may be removed from office as specified by law but NOT by impeachment.

Why are they the only ones covered by impeachment?

These officials, together with their security of tenure, have been granted with special constitutional rights called immunity from being charged criminally or administratively during their incumbency before any court with an offense or misbehaviour conviction for which carries the penalty of removal from office, and are therefore removable only by impeachment. The solution is to file a complaint for impeachment, and only after the party concerned is convicted and removed from office, will that person be held to answer either criminally or administratively for the offense or misbehaviour proven to have been committed by that individual in the impeachment hearing.

What are the offenses and grounds of impeachment under the Constitution?
1. Culpable Violation of the Constitution refers to a wilful and intentional breach of the law of the land. 2. Treason is a crime committed by any person, owing allegiance to the Philippines who impose war against the country and obeys the enemies, giving them aid and comfort within the countrys territory or elsewhere. 3. Bribery a. Direct offense committed by any public officer who shall agree to perform an act constituting a crime, in consideration of any promise or gift to be received, in connection with the performance of their official duties. b. Indirect offense committed by any public officer who shall accept gifts offered to them by reason of the office. 4. Graft and Corruption covers all graft and corrupt practices 5. Other high crimes refers to those crimes similar to treason and bribery, which are of so serious and huge nature as to affect the actual existence and mechanisms of the government. 6. Betrayal of public trust a new ground for impeachment, this inclusion is more of a reaction to past experience than an exercise in logic. It covers any violation of the oath of office involving loss of popular support due to negligence and inefficiency even if the violation may not amount to a criminal offense.

Who has the power to impeach?

Section 3. (1) The House of Representatives shall have the exclusive power to initiate all cases of impeachment. In the Philippines, the power to impeach is a basic constitutional power belonging to Congress, giving it the authority to place formal charges against a government official who is impeachable, while in service. After being impeached by the House of Representatives, the official in question is then placed on trial on the Senate, after which if convicted will be removed from office.

What are the rules of impeachment?

Article XI Section 3 (8) of the 1987 Constituion gives Congress to create and use its own rules on impeachment to effectively carry out the purpose of the given provisions. They are given the power to adopt any method it believes desirable and gives the accused full opportunity to be heard and to present their counter-evidence for defense.

What are the scopes and limitations of penalties in impeachment cases?

The punishment to be imposed on an official found guilty of an impeachment charge is restricted to removal from office and disqualification to hold any office under the Republic of the Philippines. No penalty in the form of imprisonment or fine may be carried out. If a criminal offense has been committed, the person convicted will still be liable and subject to prosecution, trial and punishment before the courts, according to the law.

How is an impeachment proceeding initiated?

What if the impeachable official resigns even before the proceedings begin to start or has yet to be finished?
An officer who resigns on or before the commencement of or pending the impeachment proceedings can still be impeached since the objective of the process is not only reserved to the removal of the accused from office but also their disqualification from holding or being appointed to any office under the Republic of the Philippines.

Sources: Ballentines Law Dictionary, 2 ed., pg. 610 Blacks Law Dictionary, pg. 922 Demeter's Manual of Parliamentary Law and Procedure, 1969 ed., p. 265 Hector S. De Leon, Textbook on the Philippine Constitution, 2005 ed., p. 335-344 Report of the Special Committee, House of Representatives on the Impeachment of (Former) President Quirino Revised Penal Code of the Republic of the Philippines, Art. 114. The 1987 Constitution of the Republic of the Philippines, op. cit., Art. XI Sec. 1, 2, 3, Par. (1, 2, 3, 4, 5, 6, 7, 8) V.G. Sinco, op. cit, pg. 374, 379, 416 www.chanrobles.cm (Virtual Law Library)
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